Opinion
June 6, 1994
Appeal from the Supreme Court, Kings County (Jones, J.).
Ordered that the judgments are affirmed.
On the first day of jury deliberations with respect to the charges under Indictment No. 12393/90, while the court was responding to a note from the jury, juror No. 8 raised his hand and stated that he felt nauseous. The court took a short recess and then continued its response to the jury's note. In the presence of the defense counsel, the court then directed juror No. 8, to remain in the courtroom and be quickly examined by a medical technician while the other jurors were taken out of the courtroom. Thereafter the other jurors were brought back into the courtroom.
The defendant's contention that the court violated CPL 310.10, which provides that once deliberations have commenced the jury "must be continuously kept together under supervision of a court officer or court officers" is without merit. Here, there was no separation from the jury panel as contemplated by the statute and consequently no violation of the statutory mandate (see, People v. Prisco, 37 A.D.2d 369; see also, People v. Bello, 82 N.Y.2d 862; People v. Fernandez, 81 N.Y.2d 1023; People v. Webb, 78 N.Y.2d 335).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit (cf., People v. Clark, 45 N.Y.2d 432). Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.